HomeMy WebLinkAboutR2014-004C:\ Users \10690MppData\Loca[ \Microsoft \Windows \Temporary Internet Files \Content.Outlook \XDOZHF5V \Thin Line Film Festival alcohol
sell The Labb.doc
RESOLUTION NO, 82014 -004
A RESOLUTION ALLOWING THE LABB TO BE THE SOLE PARTICIPANT ALLOWED
TO SELL ALCOHOLIC BEVERAGES AT THE THIN LINE FILM FESTIVAL FEBRUARY
15, 2014, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton ( "City ") is the owner of the of the parking area south of
300 E. McKinney Street, bordered by E. Oak and Oakland Streets; and
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages on February 15, 2014 at the Thin Line Film Festival; and
WHEREAS, The Labb has requested that they be the sole participant allowed to sell
alcoholic beverages at this year's Thin Line Film Festival on February 15, 2014; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The Labb shall be the sole participant allowed to sell alcoholic beverages
on City property at the Thin Line Film Festival February 15, 2014, at the parking area south of
300 E. McKinney Street, bordered by E. Oak and Oakland Streets upon the following conditions:
r
1. They shall be responsible to obtain the temporary license and permit for
selling alcoholic beverages approved by appropriate state agency;
2. They shall provide the security necessary for the sale of alcoholic
beverages;
1 They shall provide general comprehensive liability insurance from a
responsible carrier, with the City as an additional insured, in the amount of
$500,000.00;
4. They shall provide Liquor /Dram Shop Liability in the amount of $250,000
per occurrence;
5. They agree to indemnify the City of Denton against any liability incident
to the selling of alcoholic beverages at the Thin Line Film Festival.
SECTION 2. The City Manager or his designee is authorized to execute an agreement in
conformity with this Resolution, which shall be substantially in the form of the agreement
attached hereto and made a part hereof by reference.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2014,
Mr IOI ..
l� A: 1-IIT...� , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
C:\ Users \106905\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \9YRKIBYS \Thin Line Film Festival Alcohol
Contract The Labb.doc
CITY OF DENTON AGREEMENT WITH
THE LABB
STATE OF TEXAS
COUNTY OF DENTON
This Agreement, made this day of 10--, 2014, by and between the
City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and BOSTICK,
BANKS, LLC DBA THE LABB ( "THE LABB ").
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
GENERAL
The City grants to THE LABB the exclusive privilege to sell alcoholic beverages, subject
to the exceptions and conditions hereinafter set forth, for the THIN LINE FILM FESTIVAL on
FEBRUARY 15, 2014, to be held on city property located in the parking area south of 300 E.
McKinney Street, bordered by E. Oak and Oakland Streets. This privilege does not extend
beyond the date of the THIN LINE FILM FESTIVAL set for the year 2014.
ARTICLE 2
SCOPE OF SERVICES
THE LABB in order to exercise the privilege to sell alcoholic beverages must perform
the following:
A. THE LABB shall be solely responsible for the rental and payment for any booth space
necessary for the sale of alcoholic beverages at the THIN LINE FILM FESTIVAL.
B. THE LABB shall be solely responsible to obtain any temporary license and permit
necessary for the selling of alcoholic beverages at the THIN LINE FILM FESTIVAL.
C. THE LABB shall be solely responsible for the obtaining and paying for any security
necessary for their sale of alcoholic beverages at the THIN LINE FILM FESTIVAL.
THE LABB'S failure to do any of the above and to show proper proof of compliance
shall waive their right to exercise the privilege of selling alcoholic beverages at the THIN
LINE FILM FESTIVAL.
ARTICLE 3
LOCAL RULES AND REGULATION
THE LABB agrees to abide by all municipal, county, state and federal laws, ordinances,
rules and regulations and specifically, without limitation, to obtain all necessary and proper
licenses, permits and authorizations, and to comply with the requirements of any duly authorized
person acting in connection therewith. THE LABB shall pay all taxes, if any, of every nature and
description arising out of or in any manner connected with the sale of alcoholic beverages.
THE LABB will exercise reasonable care and due diligence in their sale of alcoholic
beverages at the THIN LINE FILM FESTIVAL.
ARTICLE 4
INDEMNITY AGREEMENT
THE LABB shall indemnify and save and hold harmless the CITY and its officers,
agents, and employees from and against any and all liability, claims, demands, losses, and
expenses, including but not limited to, court costs and reasonable attorney fees incurred by the
CITY, and including, without limitation, damages for bodily and personal injury, death and
property damage, resulting from the negligent acts or omissions of THE LABB or its officers,
shareholders, agents, or employees in the execution, operation, or performance of this
Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, THE LABB shall maintain the following
insurance with an insurance company licensed to do business in the State of Texas by the State
Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at
least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less that $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event
occurring on City -owned property where alcohol will be provided or served.
THIN LINE FILM FESTIVAL Agreement — Page 2
C. THE LABB shall furnish insurance certificates or insurance policies at the CITY'S
request to evidence such coverages. The insurance policies shall name the CITY as an
additional insured on all such policies, and shall contain a provision that such insurance
shall not be canceled or modified without written notice to the CITY and THE LABB. In
such event, THE LABB shall, prior to the effective date of the change or cancellation,
serve substitute policies furnishing the same coverage.
ARTICLE 6
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
BOSTICK, BANKS, LLC dba THE LABB CITY OF DENTON:
Andy Bostick City Manager
218 W. Oak Street 215 E. McKinney
Denton, Texas 76201 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE 7
ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and _ 0 exhibits, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, and agreements
which may have been made in connection with the subject matter hereof.
ARTICLE 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
THIN LINE FILM FESTIVAL Agreement — Page 3
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, THE LABB shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE 10
PERSONNEL
THE LABB represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations with the CITY.
ARTICLE 11
ASSIGNABILITY
THE LABB shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, novation, or otherwise) without the prior
written consent of the CITY.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE 13
MISCELLANEOUS
A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the State
of Texas.
B. The captions of this Agreement are for informational purposes only, and shall not in any way
affect the substantive terms or conditions of this Agreement.
THIN LINE FILM FESTIVAL Agreement — Page 4
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and THE LAB J has executed this Agreement
through its duly authorized undersigned officer on this the _ play of
2014.
CITY OF DENTON, TEXAS
GEORGE C. CAMPBEL �� °° .....
L, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BOSTICK, BANKS, LLC dba THE LABB
. �... .. .... mm ��.....
ANDY I.)STICK
WITNESS:
THIN LINE FILM FESTIVAL Agreement — Page 5